PLACEMENT: Consent
TITLE:
title
APPROVAL OF A RELEASE OF A DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT FROM MCARTHUR GOLF CLUB, L.L.C.
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EXECUTIVE SUMMARY:
executive summary
This is a request for the approval of a Release of Drainage, Access and Maintenance Easement (Easement) recorded in OR Book 3332, Page 1111 as it is no longer needed as a part of the McArthur Golf Club Administrative Amendment.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Michael Grzelka, County Engineer
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Document Prepared by:
Martin County Real Property Division
2. Party to Document:
Martin County, Party to a Drainage, Access and Maintenance Easement
3. Purpose:
Release of the Drainage, Access and Maintenance Easement
4. New/Renewal/Modified:
Modified
5. Duration:
Perpetual
6. Benefits to Martin County:
As part of their Administrative Amendment (DEV2023060013/M189-009), McArthur Golf Club, L.L.C. is no longer constructing and opening SE Cypress Avenue in Poinciana Gardens. As such, an easement over stormwater management facilities to support the road opening are no longer required.
7. Cost to Martin County:
None - recording costs to be paid by applicant.
On August 16, 2022, the Board approved and accepted pursuant to Resolution 22-8.22, a Drainage, Access, and Maintenance Easement. This Easement was provided by McArthur Golf Club, L.L.C. (McArthur) to provide the County access to maintain the stormwater management facilities being constructed to support the opening of SE Cypress Avenue in Poinciana Gardens.
Originally, McArthur proposed to construct SE Cypress Avenue in existing unopened right-of-way that was dedicated to the public in the plat of Poinciana Gardens Sections 3 & 4, as recorded in Plat Book 2, Page 105 of the public records of Martin County, Florida. SE Cypress Avenue was to provide access to a new maintenance facility for the McArthur West Golf Club. The stormwater runoff from the new road would have been provided in and through facilities on the McArthur West Golf Club so that the County could access the facilities for perpetual maintenance.
On October 31, 2024, McArthur obtained a road opening permit to construct SE Constitution Boulevard in lieu of SE Cypress Avenue. On January 14, 2025, the BOCC adopted a resolution authorizing the installation of a traffic signal on SR-5 (US-1/SE Federal Highway) at SE Constitution Boulevard.
County Staff has determined that as SE Cypress Avenue is no longer being constructed, the existing Drainage, Access, and Maintenance Easement to Martin County is no longer needed.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
• Move that the Board approve the Release of Drainage, Access and Maintenance Easement as requested by McArthur Golf Club, L.L.C., the property owner.
• Move that the Board authorize the Chair to execute all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with alternative direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Release of Drainage, Access and Maintenance Easement
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.